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Union of India - Act

Legal Representatives' Suits Act, 1855

UNION OF INDIA
India

Legal Representatives' Suits Act, 1855

Act 12 of 1855

  • Published on 27 March 1855
  • Commenced on 27 March 1855
  • [This is the version of this document from 27 March 1855.]
  • [Note: The original publication document is not available and this content could not be verified.]
Legal Representatives' Suits Act, 1855(Act No. 12 of 1855)Last Updated 8th January, 2020[27th March, 1855.]

1. Short title given by the Indian Short Titles Act, 1897 (14 of 1897).

This Act has been declared to be in force in the whole of India, except Part B States and the Scheduled Districts, by the Laws Local Extent Act, 1874 (15 of 1874), s. 3.The Act has been extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and the First Schedule (w. e. f. 1-7-1965) and to the Union Territory of Pondicherry by Act 26 of 1968, s. 3, and the Schedule.The Act came into force in the State of Sikkim on 1-9-1984 vide Notification No. S. O. 653(E), dated 24-8-1984.It has also been declared in force in the Khondmals District by the Khondmals Laws Regulation, 1936 (4 of 1936), s. 3 and the Schedule.; in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Schedule; and in the Sonthal Parganas by the Sonthal Parganas Settlement Regulation, 1872 (3 of 1872), s. 3.It has been declared, by notification under s. 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the following Scheduled Districts, namely: -
West Jalpaiguri See Gazette of India, 1881, Pt. I, p. 74.
The Districts'of Hazaribagh, Lohardaga (now theRanchi District, see Calcutta Gazette, 1899, Pt. I, p. 44), andManbhum, and Pargana Dhalbhum and the Kolhan in the District ofSinghbhum. Ditto 1881,Pt. I, p. 504.
The Scheduled portion of The Mirzapur District . Ditto 1879,Pt. I, p. 383.
Jaunsar Bawar . Ditto 1879,Pt. I, p. 382.
The District of Lahaul Ditto 1886,Pt. I, p. 301.
The Scheduled Districts of the Madhya Pradesh . Ditto 1879,Pt. I, p. 771.
The Scheduled Districts in Ganjam andVizagapatam Ditto 1898,Pt. I, p. 870.
Assam (except the North Lushai Hills) Ditto 1897,Pt. I, p. 299.
The Porahat Estate in the Singbhum District Ditto 1897,Pt. I, p. 1059.
It has been extended, by notification under s. 5of the last-mentioned Act, to the following Scheduled Districts,namely:-
Kumaon and Garhwal . See Gazette of India, 1876, Pt. I, p. 606.
The Tarai of the Province of Agra Ditto 1876,Pt. I, p. 505.
It has been extended to the New Provinces and Merged States, see Act 59 of 1949, and to the States of Tripura, Manipur and Vindhya Pradesh, see Act 30 of 1950.[An Act to enable Executors, Administrators or Representatives to sue and be sued for certain wrongs.] [See the Civil Procedure Act, 1833 (3 &4 Will. 4, c. 42), s. 2.]Preamble. - Whereas it is expedient to enable executors, administrators or representatives in certain cases to sue and be sued in respect of certain wrongs which, according to the present law, do not survive to or against such executors, administrators or representatives; It is enacted as follows: -

1. Executors may sue and be sued in certain cases for wrongs committed in lifetime of deceased.

- An action may be maintained by the executors, administrators or representatives of any person deceased, for any wrong committed in the time of such person, which has occasioned pecuniary loss to his estate, for which wrong an action might have been maintained by such person, so as such wrong shall have been committed within one year before his death [***] [The words 'and provided such action shall be brought within one year after the death of such person' rep. by Act 9 of 1871, s. 2 and the First Schedule, see now the Indian Limitation Act, 1963 (36 of 1963).]; and the damages, when recovered, shall be part of the personal estate of such person;and further, an action may be maintained against the executors or administrators or heirs or representatives of any person deceased for any wrong committed by him in his lifetime for which he would have been subject to an action, so as such wrong shall have been committed within one year before such person's death [***] [The words 'and so as such action shall be commenced within two years after the committing of the wrong' rep. by s. 2 and the First Schedule, ibid, see now Act 36 of 1963.] and the damages to be recovered in such action shall, if recovered against an executor or administrator bound to administer according to the English law, be payable in like order of administration as the simple contract debts of such person.

2. Death of either party not to abate suit. Proviso.

- No action commenced under the provisions of this Act shall abate by reason of the death of either party, but the same may be continued by or against the executors, administrators or representatives of the party deceased: Provided that, in any case in which any such action shall be continued against the executors, administrators or representatives of a deceased party, such executors, administrators or representatives may set up a want of assets as a defence to the action, either wholly or in part, in the same manner as if the action had been originally commenced against them.